D. v. the United Kingdom



Application No. 9812/82

by S.D.

against the United Kingdom

The European Commission of Human Rights sitting in private

on 4 March 1987, the following members being present:

MM. C. A. NØRGAARD, President

G. SPERDUTI

J. A. FROWEIN

G. JÖRUNDSSON

S. TRECHSEL

B. KIERNAN

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. G. SCHERMERS

H. DANELIUS

H. VANDENBERGHE

F. MARTINEZ

Mr. H. C. KRÜGER Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 21 April 1982

by S.D. against the United Kingdom and registered on

23 April 1982 under file N° 9812/82;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a citizen of the Philippines, born in 1950

and lawfully settled in the United Kingdom since 1975, having entered

the United Kingdom in 1970.

She is represented before the Commission by the North

Islington Law Centre.

The applicant originally complained to the Commission of the

refusal of British immigration authorities to allow her Filipino

husband to join her in the United Kingdom. She invoked Articles 3, 8

and 14 of the Convention.

Following the communication of the application to the

respondent Government, pursuant to Rule 42 para. 2 (b) of the

Commission's Rules of Procedure, and the Commission's Report (12.5.83)

and the judgment (28.5.85) of the European Court of Human Rights in

the test case of Mmes Abdulaziz, Cabales and Balkandali v. the United

Kingdom, the respondent Government reviewed the applicant's case.

On 8 January 1986 the Government informed the Commission that

the applicant's husband had been granted entry clearance for admission

to the United Kingdom. On 5 March 1986 the applicant's

representatives informed the Commission that the applicant would wish

to withdraw her case once her legal expenses were met. On 30 October

1986 the Government informed the Commission that it agreed to pay

£575 (inclusive of V.A.T.) in full and final settlement of the

applicant's legal costs claim. On 18 November 1986 the applicant's

representatives confirmed the applicant's wish to withdraw her case.

REASONS FOR THE DECISION

The Commission notes that the applicant's complaint has now

been resolved by the grant of entry clearance to her husband to join

her in the United Kingdom. It also notes the parties' agreement on

legal costs. The Commission considers that there are no reasons of a

general character affecting the observance of the Convention which

necessitate the further retention of this case. The Commission,

therefore, accedes to the applicant's request to withdraw her

application.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)